DIREITO DO TRABALHO, PRECEDENTES E AUTORIDADES DO STF

UM ESTUDO DE CASO A PARTIR DO TEMA 725

Abstract

In 2023, an alleged clash between the Labor Court (JT) and the Supreme Court (STF) became notorious, especially in relation to outsourcing and other types of worker hiring. On the one hand, there is a narrative that the Labor Court ignores what was already decided by the STF about outsourcing of core activities. On the other hand, a second narrative indicates that the Labor Court is not disrespecting, but judging cases that are different from established precedents. Considering this discussion, this text aims to understand which of the two narratives is closer to reality. To this end, a case study was carried out based on STF Issue 725 of general repercussion, which dealt with the constitutionality of outsourcing core activities. Constitutional claims (which sought to ensure the court's authority with regard to such precedent) judged by the STF between January and August 2023 were also analyzed. The results of this investigation are presented in this text, organized into four main parts: first, which discusses the notion of precedents; second, which analyzes the foundations that supported the judgment on Issue 725; third, dedicated to the examination of constitutional claims related to Issue 725; fourth, which analyzes the risks to the STF authority. At the end, the conclusions are presented, which shows that the STF is using the same precedent for cases that are very different from each other, indicating that the second narrative is the one that most comes closer to reality.